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THE FLOOD DAMAGE PREVENTION ORDINANCE

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					                    THE FLOOD DAMAGE PREVENTION ORDINANCE
                                    (60.3) A
                                   Section 1.0

STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES

1.1 STATUTORY AUTHORIZATION

The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,et seq., delegated the
responsibility to local governmental units to adopt regulations designed to promote public health,
safety, and general welfare of its citizenry. Therefore, the (governing body) of (municipality), of
New Jersey does ordain as follows:

1.2 FINDINGS OF FACT

   [1] The flood hazard areas of (municipality) are subject to periodic inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety, and general welfare.

   [2] These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazard which increase flood heights and velocities, and when inadequately anchored, causes
damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.

1.3 STATEMENT OF PURPOSE

It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions designed:

   [1] To protect human life and health;

   [2] To minimize expenditure of public money for costly flood control projects;

   [3] To minimize the need for rescue and relief efforts associated with flooding and generally
       undertaken at the expense of the general public;

   [4] To minimize prolonged business interruptions;

   [5] To minimize damage to public facilities and utilities such as water and gas mains, electric,
       telephone and sewer lines, streets, bridges located in areas of special flood hazard;

   [6] To help maintain a stable tax base by providing for the second use and development of areas
       of special flood hazard so as to minimize future flood blight areas;

   [7] To insure that potential buyers are notified that property is in an area of special flood
       hazard; and

   [8] To ensure that those who occupy the areas of special flood hazard assume responsibility for
       their actions.


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1.4 METHODS OF REDUCING FLOOD LOSSES

In order to accomplish its purposes, this ordinance includes methods and provisions for:

   [1] Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;

   [2] Requiring that uses vulnerable to floods including facilities which serve such uses, be
protected against flood damage at the time of initial construction;

   [3] Controlling the alteration of natural flood plains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;

  [4] Controlling filling, grading, dredging, and other development which may increase flood
damage; and,

   [5] Preventing or regulating the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.




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                                             Section 2.0

                                           DEFINITIONS

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as
to give them the meaning they have in common usage and to give this ordinance its most
reasonable application.

"Appeal" means a request for a review of the (local administrator)'s interpretation of any provision
of this ordinance or a request for a variance.

"Area of special flood hazard" means the land in the flood plain within a community subject to a
one percent or greater chance of flooding in any given year.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any
given year.

"Basement" means any area of the building having its floor subgrade (below ground level) on all
sides.

"Development" means any man made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials located within the area of
special flood hazard.

"Flood or flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
   [1] The overflow of inland or tidal waters and/or
   [2] The unusual and rapid accumulation or runoff of surface
waters from any source.

"Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.

"Flood plain management regulations" means zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a flood plain ordinance,
grading ordinance and erosion control ordinance) and other applications of police power. The term
describes such State or local regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.

"Historic Structure" means any structure that is:
   [a] Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
   [b] Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
   [c] Individually listed on a State inventory of historic places in States with historic preservation
programs which have been approved by the Secretary of the Interior; or


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   [d] Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
      (1) By an approved State program as determined by the Secretary of the Interior; or
      (2) Directly by the Secretary of the Interior in States without approved programs.

"Lowest Floor" means the lowest floor of the lowest enclosed area [including basement]. An
unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or
storage in an area other than a basement is not considered a building's lowest floor provided that
such enclosure is not built so to render the structure in violation of other applicable non-elevation
design requirements.

"Manufactured home" means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when attached
to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

"Manufactured home park or manufactured home subdivision" means a parcel (or contiguous
parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

"New construction" means structures for which the start of construction commenced on or after
the effective date of a floodplain regulation adopted by a community and includes any subsequent
improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of the flood plain management regulations adopted by the municipality.

"Recreational vehicle" means a vehicle which is [i] built on a single chassis; [ii] 400 square feet
or less when measured at the longest horizontal projections; [iii] designed to be self-propelled or
permanently towable by a light duty truck; and [iv] designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Start of Construction" for other than new construction or substantial improvements under the
Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the
date the building permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction of a structure on a site
such as the pouring of a slab or footings, the installation of piles, the construction of columns, or
any work beyond the stage of excavation, or the placement of a manufactured home on a
foundation.

Permanent construction does not include land preparation, such as clearing, grading and filling nor
does it include the installation of streets and/or walkways, nor does it include excavation for a
basement, footings or piers, or foundations or the erection of temporary forms, nor does it include
the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.



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"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage
tank, that is principally above ground.

"Substantial Damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.

"Substantial Improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which exceeds 50 percent of the market value of the
structure before the "start of construction" of the improvement. This term includes structures which
have incurred "substantial damage", regardless of the actual repair work performed. The term does
not, however, include either:

   [1] Any project for improvement of a structure to correct existing violations of State or local
health, sanitary or safety code specifications which have been identified by the local code
enforcement officer and which are the minimum necessary to assure safe living conditions; or

    [2] Any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure".

"Variance" means a grant of relief from the requirements of this ordinance that permits
construction in a manner that would otherwise be prohibited by this ordinance.




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                                              Section 3.0

                                     GENERAL PROVISIONS

3.1 LANDS TO WHICH THIS ORDINANCE APPLIES

This ordinance shall apply to all areas of special flood hazards within the jurisdiction of (local
unit), (your county) County, New Jersey.

3.2 PENALTIES FOR NONCOMPLIANCE

No structure or land shall hereafter be constructed, located, extended, converted, or altered without
full compliance with the terms of this ordinance and other applicable regulations. Violation of the
provisions of this ordinance by failure to comply with any of its requirements (including violations
of conditions and safeguards established in connection with conditions) shall constitute a
misdemeanor. Any person who violates this ordinance or fails to comply with any of its
requirements shall upon conviction thereof be fined not more than ($ ____) or imprisoned for not
more than (___) days, or both, for each violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent the (local municipality) from taking
such other lawful action as is necessary to prevent or remedy any violation.

3.3 ABROGATION AND GREATER RESTRICTIONS

This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this ordinance and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

3.4 INTERPRETATION

In the interpretation and application of this ordinance, all provisions shall be:
    [1] Considered as minimum requirements;
    [2] Liberally construed in favor of the governing body; and,
    [3] Deemed neither to limit nor repeal any other powers granted under State statutes.

3.5 WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
ordinance does not imply that land outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages.

This ordinance shall not create liability on the part of (local unit), any officer or employee thereof
or the Federal Insurance Administration, for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.




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                                              Section 4.0

                                        ADMINISTRATION

4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT

A Development Permit shall be obtained before construction or development begins, including
placement of manufactured homes, to determine whether such construction or development is in a
floodplain. Application for a Development Permit shall be made on forms furnished by the (local
administrator) and may include, but not be limited to; plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevations of the area in question; existing or proposed structures,
fill, storage of materials, drainage facilities; and the location of the foregoing.

Specifically, the following information is required:
    [1] Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures;

   [2] Elevation in relation to mean sea level to which any structure has been floodproofed.
   [3] Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.

4.2 DESIGNATION OF THE LOCAL ADMINISTRATOR

The (local administrator) is hereby appointed to administer and implement this ordinance by
granting or denying development permit applications in accordance with its provisions.

4.3 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR

Duties of the (local administrator) shall include, but not be limited to:

4.3-1 PERMIT REVIEW

   [1] Review all development permits to determine that the permit requirements of this
ordinance have been satisfied.

   [2] Review all development permits to determine that all necessary permits have been obtained
from those Federal, State or local governmental agencies from which prior approval is required.

4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA

The (local administrator) shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source.

4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED

    [1] Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, and whether or not the
structure contains a basement.

   [3] Maintain for public inspection all records pertaining to the provisions of this ordinance.


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4.4 VARIANCE PROCEDURE

4.4-1 APPEAL BOARD

   [1] The (appeal board) as established by (local unit) shall hear and decide appeals and requests
for variances from the requirements of this ordinance.

   [2] The (appeal board) shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the (local administrator) in the enforcement or
administration of this ordinance.

   [3] Those aggrieved by the decision of the (appeal board), or any taxpayer, may appeal such
decision to the (name of appropriate court), as provided in (statute).

   [4] In passing upon such applications, the (appeal board), shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

        (i) the danger that materials may be swept onto other lands to the injury of others;
       (ii) the danger to life and property due to flooding or erosion damage;
     (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;


       (iv) the importance of the services provided by the proposed facility to the community;
       (v) the necessity to the facility of a waterfront location, where applicable;
      (vi) the availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
     (vii) the compatibility of the proposed use with existing and anticipated development;
    (viii) the relationship of the proposed use to the comprehensive plan and flood plain
management program of that area;
      (ix) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
       (x) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site; and,
      (xi) the costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.

   [5] Upon consideration of the factors of Section 4.4-1(4) and the purposes of this ordinance, the
(appeal board) may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this ordinance.

   [6] The (local administrator) shall maintain the records of all appeal actions, including technical
information, and report any variances to the Federal Insurance Administration upon request.

4.4-2 CONDITIONS FOR VARIANCES

   [1] Generally, variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing


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structures constructed below the base flood level, providing items (i-xi) in SECTION 4.4-1[4]
have been fully considered. As the lot size increases beyond the one-half acre, the technical
justification required for issuing the variance increases.

   [2] Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.

   [4] Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.

   [5] Variances shall only be issued upon:
     (i)    a showing of good and sufficient cause;
     (ii)   a determination that failure to grant the variance would result in exceptional hardship
            to the applicant; and,
     (iii) a determination that the granting of a variance will not result in increased flood
            heights, additional threats to public safety, extraordinary public expense, create
            nuisances, cause fraud on or victimization of the public as identified in SECTION 4.4-
            1[4], or conflict with existing local laws or ordinances.

   [6] Any applicant to whom a variance is granted shall be given written notice that the structure
will be permitted to be built and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.




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                                            SECTION 5.0

                     PROVISIONS FOR FLOOD HAZARD REDUCTION

5.1 GENERAL STANDARDS

In all areas of special flood hazards the following standards are required:

5.1-1 ANCHORING

   [1] All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.

   [2] All manufactured homes shall be anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.

5.1-2 CONSTRUCTION MATERIALS AND METHODS

    [1] All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.

   [2] All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.

5.1-3 UTILITIES

    [1] All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;

    [2] New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharge from the systems into flood waters;

   [3] On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding; and

   [4] Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.

5.1-4 SUBDIVISION PROPOSALS

   [1] All subdivision proposals shall be consistent with the need to minimize flood damage;

   [2] All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage;

  [3] All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and,


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5.1-5 MANUFACTURED HOMES

   [1] Manufactured homes shall be anchored in accordance with Section 5.1-1[2].

   [2] All manufactured homes to be placed or substantially improved within an area of special
flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at
or above the base flood elevation.




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